Retired Cop Released Pending Trial In Toms River Shooting: Report

TOMS RIVER, NJ — A retired Fort Lee police officer accused of shooting a Toms River man who showed up at his home uninvited has been released from jail to await trial, according to a report.

The Asbury Park Press reported Richard Michael Gato, 70, of Toms River was released Friday after a detention hearing in front of Superior Court Judge Wendel E. Daniels.

Gato is charged with attempted murder in the shooting of Robert Oleynick, 34, of Toms River. The Ocean County prosecutor's office has said the shooting happened after a physical altercation between the two at Gato's home on Feb. 8. Authorities have not said what provoked the fight. The report said Daniels cited a very vulgar comment by Oleynick but Daniels did not give details.

Surveillance video captured the incident and provided the basis for the attempted murder charge, said Al Della Fave, spokesman for the prosecutor's office.

Gato's home is in the Anchorage section of Silverton; after the shooting, Oleynick was picked up by his girlfriend and driven back to his apartment in Mariners Cove, where police were called after he collapsed in the bathroom, according to the report.

Daniels released Gato on the basis of his years as a police officer and his community service, which includes the American Legion, Easter Seals and other organizations, according to the report.

The judge also made the decision — which is up to him under New Jersey's bail reform — despite a recommendation from court staff that Gato be held.

Oleynick remains hospitalized; the bullet went through his bowel and lodged at the base of his spine, the report said.

Read more here.

Photo via Ocean County Prosecutor's Office